Ashok Kumar vs Surinder Kumar - 2023 Supreme(P&H) 3043

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3043

NAMIT KUMAR
Ashok Kumar – Appellant
Versus
Surinder Kumar – Respondent

Advocates Appeared:
Mr. Baljinder Singh Singhvi, Advocate; For the Petitioner
Mr. Vinok Kumar Sharma, Advocate; For the Respondent

Table of Content
1. conviction under section 138 and its basis. (Para 4 , 5 , 6)
2. compromise between parties regarding debt. (Para 8 , 9 , 17)
3. court's discretion to quash conviction post-compromise. (Para 10 , 11 , 12 , 15)
4. litigation unnecessary due to settlement. (Para 18 , 19 , 20)

JUDGMENT

Mr. Namit Kumar, J.

CRM-9599 of 2021

This application has been filed by the applicant-petitioner under Section 5 of the LIMITATION ACT read with Section 482 Cr.P.C. for condonation of delay of 1802 days in filing the revision petition.

2. Pursuant to the notice in the application, learned counsel for the non-applicant-respondent has filed reply by way of CRM-5282 of 2023, which is taken on record. According to the reply, parties have compromised the matter and the respondent has no objection, if the delay of 1802 days in filing the revision petition is condoned.

3. In view of the above, application is allowed. Delay of 1802 days in filing the revision petition is condoned.

CRR-360 of 2021 (O&M)

4. Petitioner has filed the instant revision petition under Section 401 Cr.P.C. assailing judgment and order dated 06.06.2015 passed by learned Chief Judicial Magistrate, Sri Muktsar Sahib, whereby